Bombay High Court
Shriram Santosh Patil And Ors vs District Cooperative Election Officer ... on 7 May, 2025
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2025:BHC-AS:21158-DB
903-wpst-16845-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 16845 OF 2025
1. Shriram Santosh Patil,
Age: 35 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
2. Vilas Balu Patil,
Age : 33 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
3. Dinkar Yashwant Patil,
Age : 42 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
4. Vikram Balu Patil,
Age : 33 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
5. Sarjerao Tukaram Patil,
Age : 41 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
6. Sambhaji Tukaram Patil,
Age : 45 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur.
7. Kasim Daud Jamadar,
Age : 59 years, Occupation: Agriculture,
R/o. Dhundawade, Taluka: Gaganbawada,
District : Kolhapur. .....Petitioners
Vs.
Gaikwad RD 1/8
903-wpst-16845-2025.doc
1. The District Co-operative elections
Officer @ District Deputy Registrar,
Co-operative Societies, Kolhapur,
Having at Office at 204/Kh/E,
New Shahupuri, Sahakar Bhavan,
First Floor, Near Pearl Hotel, Kolhapur.
2. The Returning Officer @
Assistant Registrar, Co-operative Societies,
Shahuwadi @ Dnyaneshwar Mauli V.K.S.
(Vikas) Seva Sanstha Marya.,
Dhundawade, Taluka: Ganganbawada,
District: Kolhapur.
3. Dnyaneshwar Mauli V.K.S. (Vikas)
Seva Sanstha Marya., Dhundawade,
Taluka: Ganganbawada, District: Kolhapur. .....Respondents
Mr. Prashant, Bhavake, Advocate for the Petitioners.
Mr. Dilip Bodake with Mr. Sharad T. Bhosale, Advocate for the
Respondent Nos.1 & 2.
Mr. Utkarsh Desai, Advocate for the Respondent No.3.
CORAM : A. S. CHANDURKAR &
DR. NEELA GOKHALE, JJ.
DATE : 7th MAY 2025.
JUDGMENT :
- (Per Dr. Neela Gokhale, J.)
1. Rule. Rule made returnable forthwith. By consent, the
matter is taken up for hearing finally.
2. By this Petition, the Petitioners seek a direction to the
Respondent Nos.1 and 2 to include their names in the final Voter's
List prepared for upcoming elections of the Respondent No.3-Co-
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operative Society and consequently, allow them to exercise their right
to vote in the said elections.
3. The Petitioners are members of the Respondent No.3-
Society and the Respondent Nos.1 and 2 are the District Co-operative
elections Officer/District Deputy Registrar of Co-operative Societies,
Kolhapur and the Returning Officer/Assistant Registrar of Co-
operative Societies, Shahuwadi of the Respondent No.3-Society
respectively.
4. It is the case of the Petitioners that the elections
programme for the ensuing elections for the tenure 2025 to 2030 was
declared by the Respondent No.1 vide order dated 4 th March 2025
and the Voter's List was also published. The Petitioners did not find
their names in the Voter's List, but their names were included in the
list of Defaulters. The Petitioners claim that they had cleared all the
outstanding dues to the Society before 31 st March 2025. In view of the
same, their names ought to have been included in the Voter's List.
They made representation to the Society requesting their names to be
included in the Voter's List, however, their grievance was not
redressed by the Society. They also made a representation to the
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Respondent No.1 which was rejected for unjustifiable reason. Hence,
they have approached this Court by way of the present Petition.
5. Mr. Prashant Bhavake, learned counsel appears for the
Petitioner and Mr. Dilip Bodake, learned counsel appears for the
Respondent Nos.1 and 2. Mr. Utkarsh Desai represents the
Respondent No.3-Society.
6. Mr. Bhavake submitted that the Respondents seriously
erred in not including the Petitioners' names in the Voter's List
considering that they had cleared the outstanding dues before 31 st
March 2025 and as such, they could not be categorized as Defaulters.
He also pointed to Section 27(10) of the Maharashtra Co-operative
Societies Act, 1960 ('MCS Act'), which provision deals with
temporary exclusion of a member, who is a defaulter from the Voter's
List. He states that upon repayment of the arrears, voting right of
such member stand automatically restored. He further states that the
Petitioners cannot be deprived of their statutory right to vote in the
upcoming elections for the Society. Mr. Bhavake further drew our
attention to the reply of the Respondent No.1 to a representation
made by one of the Petitioners stating that since the final Voter's List
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was published on 1st April 2025 pursuant to inviting objections, etc.
and since now the process of accepting nomination is ongoing, the
Petitioners' representation to include them in the Voter's List cannot
be considered. He contends that the said justification is illegal and
hence, urges the Court to allow the Petition.
7. Mr. Desai on behalf of the Respondent No.3-Society fairly
admitted that the Petitioners had paid the outstanding dues and were
no more 'Defaulters'.
8. We have heard the counsel for all the parties and perused
the documents with their assistance.
9. At the outset, it is necessary to consider the legal position.
Section 73CA of the MCS Act deals with disqualification of
Committee and its members. Sub-clause (1) of Section 73CA provides
for disqualification of a person for being appointed, nominated,
elected, co-opted or, for being a member of a Committee, if he is a
defaulter of any Society. Sub-clause (4) however, makes an exception
to Sub-clause (1) and provides that a member of a Committee, who
has ceased to be a member thereof, on account of having incurred any
disqualification shall, unless otherwise specifically provided in the Act,
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be eligible to be re-nominated, re-co-opted or re-elected as a member
of the Committee as soon as such disqualification ceases to exist.
10. In the matter of Shamrao B. Kadam v. District Cooperative
elections Officer @ District Deputy Registrar, Co-operative Society,
Kolhapur,1 a learned Single Judge of this Court, referring to a series of
decisions of this Court as well as the Supreme Court held that there is
no reason to deny a similar benefit to a member-voter, who has
cleared the defaulted amount prior to the date of the finalization of
the Voter's List. While holding as such, the Single Judge has referred
to earlier decisions of this Court, which indicate that a member of a
Co-operative Society, who may be a defaulter is even entitled to
contest the elections, provided, before the last date of filing his
nomination, he has cleared the defaulted amount and he is, therefore,
no longer a defaulter on the last date of filing nomination.
11. In the matter of Shri. Maruti Chandrappa More & Ors. v.
State of Maharashtra & Ors.,2 a Division Bench of this Court also
found the Petitioners in that matter were deprived of their rights
flowing from being members of the Society in a manner contrary to
law. About 20% of total members were found eligible to participate in
1 2016 SCC OnLine Bom. 2496.
903-wpst-16845-2025.doc
the elections. The Court held that there absence would definitely
affect the validity of the elections and, therefore, they could be
granted a limited right to cast their votes in the elections.
12. In the facts of the present case, the only reason for
exclusion of the Petitioners from the Voter's List was the outstanding
dues. Admittedly, the dues have been cleared before 31 st March 2025.
The statements of account to that effect pertaining to the Petitioners is
at Exhibit 'C' (Colly). Thus, the Petitioners are no more defaulters of
the Society and the disqualification incurred by them under the
provision of Section 73CA(1) of the MCS Act ceases to exist.
Furthermore, the letter dated 30th April 2025 issued by the
Respondent No.1 to one of the Petitioners, clearly indicates that the
process of accepting nominations from candidates is still going on.
Hence, inclusion of the Petitioners in the Voter's List is not likely to
cause any interference in the elections programme of the Society. In
this view of the matter, we are of the considered view that the
Petitioners cannot be deprived of exercising their valuable right to
vote in the elections of the Society, especially when they have cleared
all the outstanding dues and no longer incur any disqualification under
the Act.
903-wpst-16845-2025.doc
13. Hence, for the aforesaid reasons, the following order is
passed:
(i) The Petitioners are granted a limited relief of being
permitted to vote in the elections scheduled on 17 th May
2025. The Respondents shall take necessary steps to include
the names of the Petitioners in the Voter's List and shall take
necessary steps to enable the Petitioners to cast their votes in
the elections of the Society for the tenure 2025-2030.
(ii) Any party aggrieved by the outcome of elections is free to
challenge the same by taking recourse to the statutory
remedy available after declaration of the results.
(iii) Rule is made absolute in the aforesaid terms with no order as
to the costs.
(iv) Parties to act on an authenticated copy of this order.
(DR. NEELA GOKHALE, J.) (A. S. CHANDURKAR, J.)
Signed by: Raju D. Gaikwad
Designation: PS To Honourable Judge
Date: 08/05/2025 19:37:37
